Singapore legislation
Clause 10
Clause 10
Amendment of section 12
Section 12 of the Companies Act is amended —
by deleting subsection (2) (including the subsection heading) and substituting the following subsections:“(2) Any person may, on payment of the prescribed fee —
inspect any document, or if there is a microfilm of any such document, that microfilm, filed or lodged with the Registrar;
subject to subsection (2AA), require a copy of the notice of incorporation of a company, any certificate issued under this Act, any document or extract from any document kept by the Registrar to be given or certified by the Registrar;
inspect any register of directors, chief executive officers, secretaries or auditors kept by the Registrar under section 173(1) or require a copy of or an extract from any such register; or
inspect the register of members of any private company kept by the Registrar under section 196A or require a copy of or an extract from any such register.(2AA) A certificate of confirmation of incorporation referred to in section 17(9) or 19(7) may only be issued to the company upon an application made in accordance with those provisions.”;
by deleting the words “Subsection (2)” in subsection (2A) and substituting the words “Subsection (2)(a), (b) and (d)”;
by deleting the words “subsection (2)” in subsection (2B) and substituting the words “subsection (2)(a), (b) and (d)”;
by inserting, immediately after subsection (2B), the following subsections:“(2C) Notwithstanding subsection (2), a director, chief executive officer, secretary, auditor or member of a company may, without charge —
inspect the register of directors, register of chief executive officers, register of secretaries and register of auditors of that company kept by the Registrar under section 173(1); or
obtain from the Registrar a copy of or an extract from the register of directors, register of chief executive officers, register of secretaries and register of auditors of that company kept by the Registrar under section 173(1).(2D) Notwithstanding subsection (2), a director, chief executive officer, secretary, auditor or member of a private company may, without charge —
inspect the register of members of that company kept by the Registrar under section 196A; or
obtain from the Registrar a copy of or an extract from the register of members of that company kept by the Registrar under section 196A.”;
by deleting subsection (3) and substituting the following subsection:“(3) A copy of or an extract from any document (including a copy produced by way of microfilm) filed or lodged with the Registrar using a non‑electronic medium that is certified to be a true copy or extract by the Registrar shall in any proceedings be admissible in evidence as of equal validity with the original document.”; and
by deleting subsections (6) (including the subsection heading) and (7) (including the subsection heading) and substituting the following subsection heading and subsections:“Destruction or transfer of old records(6) If the Registrar is of the opinion that it is no longer necessary or desirable to retain any document lodged, filed or registered with the Registrar and which has been microfilmed or converted to electronic form, the Registrar may —
destroy the document with the authorisation of the National Library Board under section 14D of the National Library Board Act (Cap. 197); or
transfer the document to the National Archives of Singapore under section 14C of that Act.(7) In subsection (3), “non‑electronic medium” means a medium other than the electronic transaction system established under Part VIA of the Accounting and Corporate Regulatory Authority Act.”.